LTB Order LTB-L-046878-22

Order under Subsection 87(1) 2023 ONLTB 30397 (CanLII) Residential Tenancies Act, 2006 Citation: A. v J., 2023 ONLTB 30397 Date: 2023-04-12 File Number: LTB-L-046878-22 In the matter of: A, 271 WILSON ST THUNDER BAY ON P7B1N1 Between: D.A. Landlord A. A.A.J.A.S.A.B. Tenant D.A. (the 'Landlord') applied for an order requiring A. A. J. A. S. A. B. (the 'Tenant') to pay the rent that the Tenant owes. This application was heard by videoconference on March 16, 2023. Only the Landlord’s representative, Marie Baupre attended the hearing. As of 9:50 a.m., the Tenants was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Tenant vacated the rental unit on February 17, 2023. The Tenant was in possession of the rental unit on the date the application was filed. 2. The Tenant did not pay the total rent they were required to pay for the period from October 1, 2021 to February 17, 2023. 3. The lawful rent is $1,500.00. It is due on the first day of each month. 4. The Tenant has not made any payments since the application was filed. 5. The tenancy ended on February 17, 2023 as a result of the Tenant moving out in accordance with a notice of termination, LTB order or agreement to terminate the tenancy. Therefore, the Tenant's obligation to pay rent also ended on that date. 6. The rent arrears A. daily compensation owing to February 17, 2023 are $24,838.36  Order Page: 1 of 2 File Number: LTB-L-046878-22 2023 ONLTB 30397 (CanLII) 7. The Landlord collected a rent deposit of $1,500.00 from the Tenant A. this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy is terminated. 8. Interest on the rent deposit, in the amount of $15.04 is owing to the Tenant for the period from March 1, 2021 to February 17, 2023. 9. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 1. The Tenant shall pay to the Landlord $23,509.32. This amount includes rent arrears owing up to February 17, 2023 A. the cost of the application minus the rent deposit A. interest owing. 2. If the Tenant does not pay the Landlord the full amount owing on or before April 23, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 24, 2023 at 6.00% annually on the balance outstanding. April 12, 2023 ____________________________ Date Issued Camille Clyne Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234  Order Page: 2 of 2 2023 ONLTB 30397 (CanLII)